Azmi LP:

I have read the judgment of my brother Suffian and I agree with him that this application be dismissed for reasons he gave.

It is apparent that Mr. Callow's evidence, if given at the trial would probably have an important influence on the result of the case in that it would corroborate the evidence of the plaintiff himself on the question of fact which the learned Judge had held against the plaintiff. However, in my view the plaintiff could have obtained Mr. Callow to give evidence at the trial if he had used reasonable diligence to discover his whereabouts and that he already knew that Mr. Callow could have corroborated his evidence in Court. It would be apparent that the importance of Mr. Callow's evidence was only brought home to the plaintiff after the judge's* finding against him on the fact which could have been corroborated by Mr. Callow.

JUDGMENT

Suffian FJ:

This is an application for an order that the plaintiff appellant be at liberty upon the hearing of his appeal to adduce further evidence.

To justify the reception of this evidence "three conditions must be fulfilled:

First, it must be shown that the evidence could not have been obtained with reas